Changes on Oct 11, 2017 - Executive summary/FAQ C-6

[Paris971]

For my permanent resident visa when I had doubt, I sent all the documents. Even for my citizenship, I've no fucking idea of when I left Canada and have a new passport. So I have a police certificate from France and I will send it even if they don't need it.

 

[hs202]

Do we need to check and submit US visits through I94 Us website? I see someone asking for that website

 

[blueangel371115]

When in doubt send EVERYTHING. I'd honestly send more than less. My application took 14 months when people who sent theirs to the same office at the same time took six. I had ONE SIGNATURE missing and they misfiled it as an inland application when it wasn't. SA took SEVEN MONTHS. I would check the lists no less than three times, make sure it's done, check your signatures twice and if you even think you need something and aren't sure, send it unless you can get an official to say yes or no. Give them no excuse to return it to you. That's how mine got lost that and Ottawa was opening so it was a mess. Also, I'd send it signature required with a tracking number so you can prove they actually received it

 

[WishuWereHere]

Spyfy: I have been a silent follower of yours. Thank you so much for the great work! I will be eligible to apply for the citizenship in late November this year. My daughter who is 9 arrived in Canada last year. Now the questions is, will she be granted citizenship when i receive mine or she has to be here at least 3 years?
BTW: Is there a source that expired IELTs, TOEFL and other English tests will be accepted?

 

[cempjwi]

don't spread false information here: it is clearly stated on CIC website that is 183 days in the last 4 years in 1 country

I get it, I get it, no need to get aggressive, it was a misinterpretation on my part.

 

[spyfy]

Dear spyfy,
Thank you very much for your research&assistance.
I have a case:
A person became PR on 1oct2014, since he came to Canada never left it.
Before of 1oct2014 he was only leaving in his home country.
During PR-application he sent Police cert from his home country.

Question:
Does he need to send police cert again from his home country when applying for citizenship?

To be safe, you should always submit a current police certificate, not an old one. In particular, it can be assumed that you have been present in that country after the police certificate for PR was issued. So it's missing some days.

 

[spyfy]

Spyfy: I have been a silent follower of yours. Thank you so much for the great work! I will be eligible to apply for the citizenship in late November this year. My daughter who is 9 arrived in Canada last year. Now the questions is, will she be granted citizenship when i receive mine or she has to be here at least 3 years?
BTW: Is there a source that expired IELTs, TOEFL and other English tests will be accepted?

No, she doesn't have to wait. If a minor applies together with their parent(s) or if at least one parent already has citizenship, minor applicants do not have to fulfil the residency requirement for citizenship. You have to fulfil the requirement but your daughter doesn't.

For the expired results, have a look here
http://www.cic.gc.ca/english/information/applications/guides/CIT0002ETOC.asp#CIT0002E4

It says:
Results of an accepted third-party test at the equivalent of Canadian Language Benchmark (CLB/NCLC) / Niveaux de compétence linguistique canadiensFootnote 1 level 4 or higher in speaking and listening either done previously for immigration purposes (acceptable even if expired) or done specifically for citizenship purposes. Test results from the following list are acceptable ...

Note that TOEFL is NOT accepted!

 

[spyfy]

Do we need to check and submit US visits through I94 Us website? I see someone asking for that website

No you don't need to check it, but if you want you can. You definitely do not need to submit it.

 

[ra2429]

Is it required to submit police certificate from Canada if I have not left Canada for more than 30 days at a time?

 

[Chrome]

Does that mean currently pending applications are now assessed according to 3/5?
No, what counts is not the regulations the day "IRCC opens your envelope". It is exclusively the regulations that were in force the day you sent the application. So all pending applications as of today and all applications sent in before October 11 will be assessed according to the old rules!

Thanks spyfy for all your efforts.

I have a question about this point. Where in the law/regulations does it say that when the new rules come into effect they will not apply to pending applications?

 

[spyfy]

Thanks Spyfy: Sorry for bothering you again.

My complete information about my stay in Canada is as follows
entered Canada Sep. 2010,
left from Feb 2012 - July 2012, and
left from July 1, 2013 - Jan 10, 2014
Since Jan 10, 2014 I haven't left Canada except a few days
landed May 6, 2015.
Since landing I left only a few days to US on different period of times.

Hope this information is relevant now, am I eligible to apply? and what about police certificate ?

Please follow these rules to determine if you are eligible to apply:
- Take the day you want to apply and go five years back
- Count all days in those five years that you were in Canada before Permanent Residency. Call that A. If A is more than 730, then set A=730.
- Count all days in those five years that you were in Canada as a Permanent Resident. Call that B.
- Calculate X = A/2+B
- If X is more than 1095, you are eligible.
Please understand that I can't be the "personal calculator" for every forum member I'm sure you can do the math!

Regarding police certificates: I can still not answer that question because, again it is NOT relevant how long you were out of Canada. It is relevant WHERE you went and for how long. You are not providing that information.

 

[spyfy]

Thanks spyfy for all your efforts.

I have a question about this point. Where in the law/regulations does it say that when the new rules come into effect they will not apply to pending applications?

Go here
http://www.parl.ca/DocumentViewer/en/42-1/bill/C-6/royal-assent
Click on "Transitional Provisions" on the right.
Have fun reading legal English

As an example, it says this:
Presence in Canada — pending applications
14 Paragraphs 5(1)‍(c) and 14(1)‍(a) of the Citizenship Act, as they read immediately before the day on which subsection 1(1) comes into force, apply to a person whose application for citizenship was made on or after June 11, 2015 but before the day on which that subsection comes into force and has not been finally disposed of before the day on which that subsection comes into force.

This translates to (replacements in brackets by me):
Presence in Canada — pending applications
14 [The residency requirements] of the Citizenship Act, as they read immediately before the day on which [the new set of rules] comes into force, apply to a person whose application for citizenship was made on or after June 11, 2015 but before [October 11, 2017] and has not been finally disposed of before [October 11, 2017].

 

[Chrome]

Go here
http://www.parl.ca/DocumentViewer/en/42-1/bill/C-6/royal-assent
Click on "Transitional Provisions" on the right.
Have fun reading legal English

Thanks

 

[punk]

Thanks for the help.

Needed to prepare a form. Should I assume that current form will have all the questions asked in the newer form so I make sure I've no surprises

 

[arch.ca]

Hi Spyfy,
China police office requires certification application in person. I won't go back recently. I may go back China and get police certification early next year. So can I apply for citizenship with an explanation letter, and provide with my police certificate on interview?